Philippine Working Group Forum Looks into the Issue of Torture

From L to R: Chairperson Wigberto Tañada (Philippine Working Group), Atty. Carlos Medina, Jr. (Working Group), Usec. Melchor Rosales (DILG), Chair Leila De Lima (CHRP), Rep. Lorenzo “Erin” Tañada III (House Committee on HR), Justice Adolfo Azcuna (Supreme Court), Mr. Max De Mesa (PAHRA), Ms. Marie Hilao-Enriquez (KARAPATAN), Ms. Aida Santos-Maranan (WEDPRO) and Mr. Alex Corpus Hermoso (PREDA).


Representatives from human rights organizations, the government, the academe and the diplomatic corps gathered in Quezon City, Philippines on July 10, 2009 to discuss the recent developments on the issue of torture in the Philippines.

In his welcome remarks, Mr. Wigberto E. Tañada, Chairperson of the Philippine Working Group (PWG), emphasized that inasmuch as the PWG has been keenly involved in the activities at the regional level, it has also always sought to contextualize it in Philippine terms. He added that while the Terms of Reference which will establish an ASEAN human rights body (AHRB-TOR) is imminent, the body cannot cure all ills in the region and will not be sufficient in addressing promotion and protection of human rights. “I daresay that even if the TOR contains the full complement of protection and promotion functions possible in a regional system, it will still not be enough,” said Mr. Tañada, further emphasizing that “the fact remains that any regional mechanism…is but complementary to effective domestic systems in place.”

To anchor the discussions, Mr. Carlos P. Medina, Jr., Secretary-General of the Working Group for an ASEAN Human Rights Mechanism presented some important points in the concluding observations of the Committee Against Torture (CAT). He said that despite the positive aspects highlighted by the Philippine government in its report, there are still some areas of concern which needed immediate consideration. He also enumerated some of the recommendations made by the CAT including: urgent actions in ensuring that fundamental legal safeguards be afforded to all detainees; access to medical, social, and rehabilitative facilities for all detainees; and the effective investigation of all allegations of EJKs, EDs and torture.

While taking into account all the positive and negative aspects of the CAT’s report, representatives from the government agencies and civil society groups responded to the presentation of Mr. Medina and looked further into the issue.

Undersecretary Melchor P. Rosales of the Department of Interior and Local Government, said that as part of their responsibility to promote peace and order, disciplinary bodies were created to administer issues of impunity of police and military personnel. He added that human rights offices were also established where complaints against government officials may be lodged.

In turn, retired Justice Adolfo S. Azcuna of the Supreme Court informed the participants that the judiciary has been conducting different projects for better access to justice. For instance, their “Justice on Wheels” project continued to expedite the release of newly acquitted inmates or those with dismissed cases which also aid in the reduction of congestion in jails.

For his part, Rep. Lorenzo Tañada III, Chairperson of the House of Representatives’ Committee on Human Rights, gave a very brief update on the status of the passage of the anti-torture bill and enforced disappearances. He voiced his reservations about the sincerity of the government in prioritizing and enacting said laws.

The Commission on Human Rights also took part in the Kapihan and envisioned a torture-free terrain with Chairperson Leila M. de Lima sharing some of the Commission’s recommendations. She stressed that the popularization of the CAT’s concluding observations should be done in the different branches of the government as part of the state’s responsibility to promote and protect the rights of its people.

For the people working closely on the issues of torture, they believe that the Kapihan is timely as torture is prevalent in the country and the situation is not getting any better. “Torture can never be completely known; we can only get glimpses of it,” said Mr. Max de Mesa, Chairperson of the Philippine Alliance of Human Rights Advocates (PAHRA) in his report. However, he stressed that the many cases of torture which continue to surface reveals the ongoing inhumane treatment being perpetrated. Similarly, KARAPATAN’s Secretary-General, Ms. Marie Hilao-Enriquez, said that they have recorded cases involving 1,016 victims of torture, most of which were documented under the government’s counter-insurgency drive.

Looking more intently at specific issues of concern, Ms. Aida Santos-Maranan, Gender and Development Specialist and Advocate of the Women’s Education, Development Productivity and Research Organization (WEDPRO), shared the sentiments of other human rights defenders in saying that the implementation of the laws is the main problem. She added measures needs to be taken to address concerns which include the consistency of data in order to generate credible information; the incorporation of psychological, not just physical, acts in defining violence; and mechanisms for easier access to the judicial system.

For his part, Mr. Alex Corpus Hermoso, Program Director of PREDA Foundation, reacted on the concluding observations in the context of children’s rights and children in detention as specified in the CAT report. He said that because of their reports on the situation and status of children in prison, PREDA Foundation has been barred from visiting detention cells which delays their work especially in addressing the issues of children being integrated with adults in detention facilities. He reported that amendments to RA 9344 (an Act establishing a comprehensive juvenile justice and welfare system) have been proposed but have not yet been fully pursued because of budgetary constraints.

Concluding the Kapihan, Commissioner Ma. Victoria Cardona of the Commission on Human Rights, in her speech, she said that the issues of torture, enforced disappearances and ill-treatment still confront the Philippines despite the country’s reformed laws and ratification of international human rights treaties. Likewise, human rights defenders still experience torture and ill-treatment, while many suspects are still arbitrarily detained and sexually violated in detention places. She accepted the fact that what lies in front of every Filipino is a daunting fight against these issues. However, she stressed that everyone should continue to work together and use their collective voice to stand against all these oppressions.

The mid-year Kapihan was primarily organized to address a critical thematic human rights issue facing the Philippines at present. Organized by the Philippine Working Group for an ASEAN Human Rights Mechanism and the Commission on Human Rights of the Philippines, the Kapihan looked into the concluding observations of the CAT which considered the second periodic report of the country as to its compliance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.